- (1.) CHALLENGE in the present writ petition by the workman is to the award dated 21.03.2011 (Annexure P -6) whereby, the reference has been declined on the ground that the petitioner did not fall within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 (in short 'the Act') as he was working as Assistant Spinning Master (Maintenance) at the time of his removal.
(2.) COUNSEL for the petitioner submits that the reasoning given by the Labour Court is not justified in as much as merely the designation would not ascertain the status of the workman. The test to ascertain whether the petitioner was a workman or not and fell within the definition of workman under Section 2(s) of the Act was not appreciated. The fact that the petitioner was appointed as Blow Room Foreman and was not doing any work which was of managerial nature neither he was employed in a supervisory capacity was not taken into consideration.
(3.) THE facts of the case would go on to show that the petitioner was appointed on 01.09.1992 as a Blow Room Foreman at the initial salary of Rs. 2,750+400 as his rent allowance. He was promoted as Assistant Spinning Master (Maintenance) in May, 1998 before his services were dispensed with on 08.12.2003 (Annexure P -1) since the management took a decision to abolish the post and gave him 3 months' notice and 15 days' retrenchment compensation alongwith notice pay. He raised a demand under Section 2 -A of the Act on 15.12.2003. Thereafter, the matter was referred to the Labour Court wherein, he took the plea that he had to participate actively in the activities of the Union and was also elected as Secretary of the Association. His services had been dispensed with to teach him a lesson. The claim was resisted by filing written statement and the plea taken was that he was drawing more than Rs. 1,600/ - per month and working in managerial and supervisory cadre and was not a workman and the reference was bad. The post on which he was working was abolished for curtailing of costs of industrial organization and he was promoted from the post of Blow Room Foreman to the post of Assistant Spinning Master (Maintenance) and his peripheries of control and supervision were extended accordingly. It was denied that he was member of the Union and that the company had a number of associations in the organization pertaining to the employees of the company and the management used to negotiate with AITUC apart from other 8 unions.;